VARSUNGBHAI REVABHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By the present writ petition, the petitioners have prayed for the following reliefs:

(2.) At the outset, learned advocate Mr.T.R.Mishra, has submitted that the issue is squarely covered by the decision of the Co-ordinate Bench dtd. 19/9/2017 passed in Special Civil Application No. 10918 of 2015, wherein this Court has directed the concerned Nagar Palika to grant the benefit of 6 th Pay Commission to the petitioners in cash from 1/1/2010. He has submitted that the aforesaid judgment is confirmed by the Division Bench of this Court vide judgment dtd. 22/6/2021 passed in Letters Patent Appeal No.2445 of 2017. It is further submitted that the expenditure of Nagar Palika since 2004 has not crossed the limit of 48% and hence Clause 3 of the order dtd. 30/7/2013 may be set aside.

(3.) In response to the aforesaid submissions, learned advocate Mr. Nilesh Koyani, appearing for the respondent Nagar Palika has not disputed that the expenditure of the Nagar Palika from the year 2003 to 2012 and thereafter also till 2017 is below prescribed limit of 48%. He has submitted that the condition no.3 of the impugned order may be suitably modified so that the Nagar Palika can pay the benefit of 6th Pay Commission in cash from 1/1/2010.